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A new book on the right to water: What critics should be addressed against the right to water?
water and sanitation for all, should not be officially recognized and examines the possible consequences which would arise if such a right was recognized in developed countries mainly. It outlines various arguments against the right to water, assesses their validity and makes suggestions on means to overcome them. The conclusion is that there are no serious obstacles to recognize a right which is so essential for each citizen.
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Actualizing the Right to Water: An Egyptian Perspective for an Action Plan
With water being a basic need carrying a high risk
of oppression, it may very well be considered a human right. The
introduction of water as a human right brings new perspectives and
dimensions to the notion of sustainable development.
Being
an arid country, water management in Egypt is of particular importance
for the benefit of all Egyptians. Egypt has successfully developed a
national integrated water resources management plan. Egypt's national
plan represents a model in integrated planning, reflecting the roles
and responsibilities of different water-related sectors and the active
participation of water users in O&M. The plan looks at existing and
future challenges, the available water resources and at the measures
required to face these challenges to meet the expected requirements for
safe drinking water, adequate sanitation and improved water resources
management. Strengthening the private sector and a carefully considered
reduction in government responsibilities are key elements in this plan.
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France recognized the right to water
The French Senate has adopted the following amendement to the French water bill: " chaque personne physique, pour son alimentation et son hygiène, a droit d'accéder à l'eau potable à des conditions économiquement supportables".
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How to reallocate water rights when environmental goals conflict with existing entitlements
An article of Sophie Thoyer, published in the International Journal of Sustainable Development 2006 - Vol. 9, No.2 pp. 122 - 137
Abstract: Emerging concerns for environmental flows translate into reforms that aim to preserve minimal flows in rivers. These policy measures have consequences for traditional right-holders: how to share between consumptive users the new scarcity created by the protection of instream flows? This paper compares different policy mechanisms in France, Australia and California in an attempt to answer the questions of how to allocate water restrictions and compensations and how to pursue simultaneously efficiency, equity and acceptability objectives. It measures the shortcomings and advantages of different voluntary approaches: auctions, contracts and negotiations.
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Human rights council treats right to water issue, and France includes it in its new water law
Numerous States in Human rights council were united to ask the High commissioner for human rights to prepare a "detailed study on the reach and the content of the pertinent obligations related to the human rights that concern the equitable access to drinking water and sanitation" to be presented to this Council before September of 2007. The approval of this decision by the new Council of human rights constitutes a very positive step towards the international recognition of the right to drinking water like right protected by the international Pact relative to the economic, social and cultural rights. On the other hand, the right to water appears in head of the new French water law. The adopted text is: "Each physical person, for her feeding and its hygiene, has the right to access to drinking water in economically acceptable conditions by all".
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JREDS launches Second Phase of Right to Water Project
Under the patronage of H.E. Eng. Khalid Al-Irani, Jordanian Minister of Environment, The Royal Marine Conservation Society of Jordan (JREDS) launched the second phase of the Right to Water project. This project is funded by Heinrich BÖll Foundation (HBF), and aims at empowering the young leaders in the Right to Water topic and provide them with the needed skills to train others and act as a multiple factor effect.
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Manual on the Right to Water and Sanitation
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Report on right to water and sanitation in Gaza
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Right to Water at CEDHA website
CEDHA's (Centre for Human Rights and Environment) Right to Water Initiative's principal objective is to improve sustainable access to water through the use of law.
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Right to Water at the website of the Office of the United Nations High commissioner for Human Rights
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Right to Water in WIKIPEDIA
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Right to water and the UK
The UK was always fighting official recognition of the right to water and now changed its position. The example of the UK is worth considering: they have a social tariff for water, prohibit meters with prepayment and water disconnections and they have been able to select a level of water expenditure not to be exceeded (3% of households expenditure). Few countries are as advanced in practice.
Therefore, the UK has decided to recognise the human right to water, International Development Secretary Hilary Benn has announced. Responding to the UN Human Development Report on water and sanitation published last November 9th, Benn has called for a Global Action Plan on water and sanitation.
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Right to water by "Food & Water Watch"
Food & Water Watch is a nonprofit consumer rights organization that
challenges the corporate control and abuse of our food and water resources.
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Right to water: Human Rights Council requests study on equitable access
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The Netherlands supports officially the right to water - The Prince of Orange brings his support to the right to water
Maxime Verhagen - Minister of Foreign Affairs, The Netherlands stated on 3d March at the Humlan rights Council :
“For people to live their lives in dignity, it is important to fulfil not only their civil and political rights, but also their economic, social and cultural rights. President Roosevelt rightly included ‘freedom from want’ among his famous four freedoms. In that sense, I am proud to announce here today that the Netherlands will join the group of countries who have recognised the right to water as a human right. Merely recognising the right to water as a human right will not solve this pressing issue, but I am certain that it is a powerful incentive to increase access to water for the poor. I hope the Human Rights Council will reach a clear consensus that the right to water is indeed a human right, so that we can all make visible progress on this important issue.” The Prince of Orange brings his support to the right to water
On World Water Day 2008, in Geneva Prince of Orange stated :
“Recognition of the right to water is helpful because it focuses interventions on the poorest and most vulnerable people, combats discrimination against and exclusion of certain groups and encourages people to stand up for their rights. I sincerely hope that the Human Rights Council will soon reach a clear consensus on the right to water and sanitation, but recognition of that right is not enough. It is a first step towards more commitment, more money and more action.”
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The Right to Water : An Overview of the Indian Legal Regime
A plethora of constitutional and legal provisions govern the availability and distribution and control of water. The Constitution of India recognizes the essential tenet of equal access to water. Article 15(2) of the Constitution explicitly states that no citizen shall ‘on grounds only of religion, race, caste, sex, place of birth or any of them’ be subject to any disability, liability, restriction or condition with regard to ‘the use of wells, tanks, bathing ghats.’8 Article 21 which speaks of the right to life9 has been liberally interpreted by the Indian Supreme Court to include all facets of life. The directive principles of state policy (DPSP), which the Constitution in Article 37 declares to be non-justiciable,10 recognizes the principle of equal access to the material resources of the community. Article 39 (b) mandates that ‘the State shall, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.’
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The right of access to drinking water and sanitation
(Report subimitted by the International Council on Environmental Law, ICEL)
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The right to water
This website, launched on Human Rights Day 2003, has been established by WaterAid and Rights and Humanity, in cooperation with FAN, as part of our contribution to the International Year of Freshwater 2003. Its aims are to:
- Provide information on relevant policy commitments and explain the concepts and theories of human rights law with respect to the right to water.
- Disseminate General Comment No 15 adopted by the UN Committee on Economic, Socialand Cultural Rights confirming and interpreting the right to water.
- Promote the use of the right to water as a tool for community empowerment, advocacy and legal redress.
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The right to water (a publication of WHO)
This publication outlines the scope and content of the legal definition of the human right to water and its relationship to other civil, cultural, economic, political, and social rights; Discusses the right to water as a human right, and examines its implications on the roles and responsibilities of various stakeholders; Examines the various communities affecting and being affected by the right to water; Considers the contribution the right to water can and should make towards making drinking-water a reality for all; Explores a human rights-based approach to water.
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The right to water at the 4th World Water Forum in Mexico, 13/4/2006
This report describes how the 4th World Water Forum dealt with the right to water, a topic hotly debated but not referred to in the Ministerial Declaration. However, all other groups represented in Mexico expressed themselves in favour of such a fundamental right.
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The right to water in Kosovo
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The right to water in national legislations
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The right to water: From Concept to Implementation
Céline DUBREUIL - The Right to Water: from concept to implementation, World Water Council. 2006.
Copyright © World Water Council, 2006 / ISBN: 92-95017-11-0
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UN Human Rights Council creates Independent Expert on the human right to water and sanitation
On 28 March 2008, the UN Human Rights Council, the primary United Nations body for human rights issues, adopted by consensus a resolution sponsored by Germany and Spain, with over 40 co-sponsors, on ‘Human Rights and access to safe drinking water and sanitation.’
Through this resolution, the Council established a new ‘Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation.’ The Independent Expert will work for 3 years on two primary tasks.
First, to identify, promote and exchange on best practices related to access to safe drinking water and sanitation, and, in that regard, to prepare a compendium of best practices; and
second, to carry out further clarification of the content of human rights obligations, including non-discrimination obligations, in relation to access to safe drinking water and sanitation.
For more information on the legal basis of the right to water and sanitation, see: ‘The Human Right to Water and Sanitation: Legal basis, Practical Rationale and Definition’ available in English at www.cohre.org/water > Resources and Articles).
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UN Human Rights Council moves forward on the right to water and sanitation
On 28 February 2008, the UN Human Rights Council, the primary United Nations
body for human rights issues adopted by consensus a resolution on 'Human
Rights and access to safe drinking water and sanitation.' Through this
resolution, the Council established a new 'Independent Expert on the issue
of human rights obligations related to access to safe drinking water and
sanitation.' The Independent Expert will work for 3 years on two primary
tasks. First, to identify, promote and exchange on best practices related to
access to safe drinking water and sanitation, and, in that regard, to
prepare a compendium of best practices; and second, to carry out further
clarification of the content of human rights obligations, including
non-discrimination obligations, in relation to access to safe drinking water
and sanitation.
The Human Rights Council also made an important legal statement:
"Emphasizing that international human rights law instruments, including the
Covenant on Economic, Social and Cultural Rights, the International
Convention on the Elimination of All Forms of Discrimination against Women
and the Convention on the Right of the Child, entail obligations in relation
to access to safe drinking water and sanitation." This statement clearly
indicates that all governments are bound by human rights obligations to
ensure access to safe drinking water and sanitation for all. The resolution
is available at www.cohre.org/water (>New Developments) or from the
web-site of the Office
<http://ap.ohchr.org/documents/E/HRC/resolutions/A_HRC_7_L_16.doc>
of the High Commissioner for Human rights.
The resolution was not as strong as it might have been, as it did not
explicitly refer to the 'right to water and sanitation.' This is more
relevant as a political rather than legal matter, since human rights
obligations of governments to ensure access to water and sanitation imply a
corresponding right of individuals to water and sanitation. In informal
sessions on this resolution attended by government and NGOs, Canada and the
United States requested removal of explicit references to the right to water
and sanitation. The United Kingdom expressed its support for the right to
water, but stated that it did not recognise the right to sanitation. A
number of other countries expressed concerns with the particular formulation
used to describe the right, but did not request its removal. Given that only
one country - Canada - has thus far voted against references to the right to
water and sanitation, it is likely that a resolution containing explicit
references to the right to water and sanitation would have been adopted by
the Council with a strong majority in favour. However, in order to maintain
consensus, the sponsors of the resolution decided not to include references
to the 'right to water and sanitation' in the resolution.
It is unfortunate that a small number of States are attempting to move away
from previous statements in which they had recognised access to water and
sanitation as a right. At two UN world conferences, the International
Conference on Population and Development, Cairo, 1994 (in which 177 States
participated) and the Second United Nations Conference on Human Settlements
(Habitat II), Istanbul, 1996 (in which 171 States participated), the
community of States - including Canada, the United States of America, the
United Kingdom - unanimously adopted international declarations which stated
that the right to an adequate standard of living includes water and
sanitation, in addition to food, clothing and housing. The Mar del Plata
Declaration of the UN Water Conference, 1977 also recognised the right to
water. The 118 members of the Non-Aligned Movement and the 43 members of the
Council of the Europe recognised the right to water respectively in 2006 and
2001. The Asia-Pacific Water Forum, composed of 37 Asian countries
recognised the right to drinking water and sanitation in 2007. (For more
information see the COHRE position paper: 'The Human Right to Water and
Sanitation: Legal basis, Practical Rationale and Definition' available at
www.cohre.org/water > Resources and Articles).
Although the Council did not proceed as far as it could have, its creation
of an Independent Expert mechanism and clear recognition of human rights
obligations relating to water and sanitation are important
breakthroughs.
The resolution firmly places the right to water and sanitation on the
Council agenda. The sponsors and the more than 40 co-sponsors of the
resolution should be congratulated for their contributions to the success of
this important initiative.
The Council will address this topic again at its 10th session in 2009.
Several human rights and development NGOs will be advocating for the UN
Human Rights Council to explicitly refer to the 'right to water and
sanitation' as a right contained within the International Covenant on
Economic, Social and Cultural Rights. It will be necessary to engage with
governments in order to allay their concerns about the implications of the
right to water and sanitation (see for example, a response to the Canadian
government's position on the right to water and sanitation, available at
www.cohre.org/water > New Developments).
COHRE and the Ecumenical Water Network will also establish a distribution
list to keep interested NGOs, academics and national human rights
institutions informed of progress on this Council initiative. Messages will
be limited to once or twice a month, and weekly during the Human Rights
Council sessions. If you would like to be added to this distribution list,
please send a message to Maike Gorsboth (mgo@wcc-coe.org), indicating your
name, organisation and country.
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Water Law Reforms - Analysis of Recent Developments
This article is divided in four main sections. The first section focuses on some of the principles underpinning water sector reforms that have been highlighted in existing national and international policy documents. This provides the conceptual background to understand the legislative changes introduced in the section. The latter section focuses on a limited number of regulatory changes that have been proposed in recent years to put the water law framework in line with proposed policy initiatives. The third section provides a general analysis of the law and policy changes that have been introduced. The last section provides some pointers for moving beyond existing reforms with a view to correct some of the perceived shortcoming of existing water law reforms.
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Water as a human right: The understanding of water in the Arab countries of the Middle East - A four country analysis
By Karen Assaf, Bayoumi Attia, Ali Darwish, Batir Wardam and Simone Klawitter, Global Issue Papers, No. 11. September 2004.
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مفهوم الحق في المياه في الإطار الأردني
تمت صياغة معظم الاستراتيجيات والسياسات التي تحكم إدارة المياه في الأردن في العام 1997 حيث تم تطوير خمس سياسات قطاعية واستراتيجة مائية لا تزال معتمدة حتى الآن مع بعض التعديلات الطفيفة، كما تم تطوير التشريعات الخاصة بوادي الأردن عام 2002 وتم إدخال تسعير مياه الري من الآبار الجوفية على المزارعين في العام 2002 أيضا.
وبالتالي فإن مبادئ الحق في المياه كما تضمنها إعلان الأمم المتحدة غير موجودة في التشريعات والسياسات المائية الأردنية كمصدر معرفي أو معياري، وفي الواقع فإن الإعلان نفسه غير معروف على نطاق صانعي السياسات المائية في الأردن كما يتبين من منشورات وزارة المياه وتصريحات صانعي القرار بالإضافة إلى أوراق العمل والدراسات التي تم إعدادها من قبل خبراء وزارة المياه ومعظم المؤسسات الوطنية في العامين 2005 و 2006 والتي يفترض أن تعكس أحدث أنواع المعرفة لدى هؤلاء الخبراء والمختصين.
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